04-084
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3· ORDINANCE NO. 04- 08Lf I
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6 ! AN ORDINANCE OF THE CITY OF BOYNTON
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7 I BEACH, FLORIDA, REGARDING THE
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8 ¡ APPLICATION OF BOYNYON MANGO LLC.,TO
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9 I REZONE A PARCEL OF LAND, AMENDING
10 I ORDINANCE 02-013 TO REZONE A PARCEL OF
11 LAND ON THE NORTHWEST CORNER OF
12 BOYNTON BEACH BOULEVARD AND
13 I NORTHWEST 7TH COURT FROM SINGLE FAMILY
14 I RESIDENTIAL (R-I-A) TO NEIGHBORHOOD
15 COMMERCIAL (C-2); PROVIDING FOR
16 I CONFLICTS, SEVERABILITY, AND AN
17 EFFECTIVE DATE.
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20 WHEREAS, the City Commission of the City of Boynton Beach, Florida has
21 , adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for
22 I said City; and
23 WHEREAS, Boynton Mango, LLC., owner of the property located at the
24 Northwest comer of Boynton Beach Boulevard and Northwest 7th Court in Boynton
25 Beach, Florida, as more particularly described hereinafter, has heretofore filed a
26 Petition, through its agent, Maggie Barszewski, pursuant to Section 9 of Appendix
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27 A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the
28 purpose of rezoning a parcel of land, said land being more particularly described
29 hereinafter, from Single Family Residential (R-I-A) to Neighborhood Commercial
30 (C-2); and
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2 WHEREAS, the City Commission conducted a public hearing and heard
3 I testimony and received evidence which the Commission finds supports a rezoning
4 for the property hereinafter described; and
5 WHEREAS, the City Commission finds that the proposed rezoning is
6 consistent with an amendment to the Land Use which was contemporaneously
7 considered and approved at the public hearing heretofore referenced; and
8 , WHEREAS, the City Commission deems it in the best interests of the
9 I inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter
10 set forth.
11 NOW, THEREFORE, BE IT ORDAINED BY THE CITY
12 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
13 Section 1. The foregoing Whereas clauses are true and correct and
14 incorporated herein by this reference,
15 Section 2. The following described land, located at the Northwest
16 comer of Boynton Beach Boulevard and Northwest 7th Court in the City of Boynton
17 Beach, Florida, as set forth as follows:
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19 THE SOUTH 50 FEET OF LOT 11, DEIERL PARK,
20 according to the plat recorded in Plat Book 23, Page 236,
21 recorded in the public records of Palm Beach County,
22 Florida; said land situate, lying and being in Palm Beach
23 I County, Florida.
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2 be and the same is hereby rezoned from Single Family Residential (R-l-A) to
3 Neighborhood Commercial (C-2). A location map is attached hereto as Exhibit "A" and
4 made a part of this Ordinance by reference.
5 Section 3. The above-referenced rezoning is subject to the following
61 conditions:
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8 1. The buffer wall required between the commercial and residential zoning districts
9 shall be enhanced), with appropriate landscaping on both sides, setback an
10 additional three (3) feet from the property line (for an overall setback of five ( 5)
11 feet from the property line, and shan extend south along the east propertv line a
12 minimum distance to buffer the adiacent residence without interfering with
13 , plam1ed dliveways and clear site triangles; and,
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15 2, Any structure placed on the above-described property shan be located as close to
16 Boynton Beach Boulevard as permitted bv the Citv Land Development
17 Regulations in order to minimize the impacts on the existing single- fan1ily
18 neighborhood I
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20 Section 4. That the aforesaid Revised Zoning Map of the City shall be amended
21 accordingly.
22 Section 5. An ordinances or parts of ordinances in conflict herewith are
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23 hereby repealed.
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24 Section 6. Should any section or provision of this Ordinance or any portion
25 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall
26 not affect the remainder of this Ordinance.
27 Section 7. This ordinance shan become effective immediately upon passage.
28 FIRST READING this ~ day of ~T~b~ ,2004.
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1/ SECOND, FINAL READING and PASSAGE this ~ day of Oc.TOW, 2004.
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17 ATTEST:
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22 (Corporate .
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